JUDGE BLAMES ISRAELI POLICE IN KILLING OF PALESTINIANS

JERUSALEM -- A judge investigating last year's killings of 20 Palestinians at the Al Aqsa Mosque concluded on Thursday that police ignited rioting when one fumbled a tear gas-cannister and that they otherwise acted in "improper" ways.

The judge, Ezra Kama, chose not to bring criminal charges because it was impossible to tell who was directly responsible for the deaths.

Kama's opinion conflicted with a government inquiry that concluded that Arabs had started the mayhem by hurling stones at Jewish worshipers at the Western Wall. By the time the stones were thrown, most of the Jewish worshipers at the wall had fled.

The judgment appeared to close the door on the killings, which set off a wave of fatal reprisals by Palestinians and further slayings by soldiers on the occupied West Bank and Gaza Strip.

"The behavior (of the police) in some cases was improper, but I can't see reason to press charges against any of the policemen," said Kama, who reviewed about 4,000 pages of testimony during his eight-month investigation.

"It's impossible to attribute the death of a certain person to a certain place or to say that a certain policeman is the one who caused the death of that person."

The judge said that the outburst began "when a tear gas grenade accidentally fell down, began rolling away from the forces and fell near a group of Muslim women."

Jerusalem police issued a statement expressing satisfaction with the report and pledged to study it. In the aftermath of the killings, one police chief was promoted; no one was reprimanded or punished, even though the government report specified that "uncontrolled fire" was used in repelling the Palestinians.

A legal team representing a slain Arab citizen of Israel expressed disappointment with the judge's decision not to press criminal charges. "The bottom line is that there is encouragement for the police to do the same thing next time," attorney Yaron Kedan said.

"The court determined there was no justification on many occasions for shooting rubber bullets or live ammunition at close range," said Avigdor Feldman, who examined many of the witnesses.

Kama's 50-page report was especially critical of police on two counts. First, rapid rifle fire was used without the need for self-defense. "The account of danger was exaggerated and strange," Kama ruled.

Repercussions from the incident continue to sour Israel's relations with the United States, which backed United Nations condemnation of the the bloodshed. Israel refused to permit a U.N. investigation team to investigate the deaths.